Client Advisories

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Under U.S. law, a domestic industry can petition the government to initiate an AD investigation into the pricing of an imported product to determine whether it is sold in the United States at less than fair value (i.e., “dumped”). A domestic industry can also petition for the initiation of a CVD investigation into alleged subsidization of foreign producers by a foreign government. Additional duties can be imposed if DOC determines that imported goods are “dumped” and/or subsidized and if the ITC also determines that the domestic industry is materially injured or threatened with such injury by reason of subject imports.

If the ITC and DOC make preliminary affirmative determinations, U.S. importers will be required to post cash deposits in the amount of the AD and/or CVD duties for all entries on or after the date DOC’s preliminary determination is published in the Federal Register. The preliminary AD/CVD rates can change in the final DOC determination, especially if foreign producers and their governments participate fully in the investigations.

Scope

The merchandise covered by this Petition is prestressed concrete steel wire strand (“PC strand”). PC strand consists of multiple steel wires (non-stainless and non-galvanized) wound together to produce a strong, flexible product used to strengthen prestressed concrete structures. PC strand includes all types, grades, and diameters, and both covered and uncovered product.

The petitions explain that product subject to these new cases is the same as the product currently subject to a 1978 order against Japan; 2004 orders against Brazil, India, Korea, Mexico, and Thailand; and 2010 orders against China – following a trend of multiple petitions on the same product from an expanding list of countries.

Foreign Producers and Exporters of Subject Merchandise

A list of foreign producers and exports, as identified by the Petitioners, is provided in Attachment 1.

U.S. Importers of Subject Merchandise

A list of U.S. importers, as identified by the Petitioners, is provided in Attachment 2.

In an effort to prevent the spread of the Coronavirus, DOC and ITC have issued revised procedures for AD/CVD proceedings. Cases are proceeding along typical timelines, but neither agency is holding in-person hearings or conferences.

If you have any questions about the petitions, please contact the experienced attorneys in HHR’s international trade group.